Civil Procedure

Question 1

claim preclusion (res judicata)

Answer 1

requirements:

1) same plaintiff and defendant from lawsuit #1;
2) lawsuit #1 ended in a valid final judgment; AND
3) claimant is asserting the same claim in lawsuit #1

Question 2

issue preclusion (i.e. collateral estoppel)

Answer 2

precludes the relitigation of issues of fact or law that have already been necessarily determined in an earlier adjudication

requirements:

1) same issue (with identical relevant facts) was actually litigated in the prior action;
2) binding final, valid judgment on the merits;
3) determination of the issue essential to the prior judgment; AND
4) party against whom issue to be precluded was a party to the prior action

*does not require mutuality of parties

Question 3

bases for in personam jurisdiction

Answer 3

a) voluntary presence in the forum state + served with process while there,
b) domiciled in the state in which the court is located,
c) consent, OR
d) long-arm statutes authorize over nonresidents engaged in some activity in the state or cause some action to occur within the state

Question 4

timely renewed motion for judgment as a matter of law

Answer 4

28 days after judgment entered

or after jury discharged if the issue was not decided by a verdict

Question 5

timely judgment as a matter of law

Answer 5

any time before the case is submitted to a jury

+ after the non-movant has presented its case to the jury

Question 6

timely motion for court to amend or modify a judgment

Answer 6

28 days after entry of judgment

Question 7

timely motion for removal from state to federal court

Answer 7

within 30 days of receiving the complaint from the plaintiff

Question 8

removal from state to federal court: requirements

Answer 8

1) federal court has subject matter jurisdiction;
2) if diversity jurisdiction, then no Ds are citizens of state in which claim was filed;
3) motion filed within 30 days of receiving complaint from P; AND
4) all Ds join in the motion or consent

Question 9

due process requirements for exercising personal jurisdiction

Answer 9

1) minimum contacts
a) purposeful availment,
b) foreseeability, and
c) relatedness of conduct to the action
i) specific jx if action arises out of the conduct, or
ii) general jx if “at home” or “nerve center” in the jx; AND
2) fair play and substantial justice

Question 10

venue - definition

Answer 10

the district in which the lawsuit should be filed

Question 11

venue is appropriate where:

Answer 11

a) any district in which any D resides if all reside in the state where the district is located;
b) substantial part of the events or omissions occurred in that district / property at issue is located in that district; OR
c) (if neither 1, 2 apply, then) any district where any D is subject to personal jx

Question 12

Erie doctrin

Answer 12

determines whether a state statute will be used in federal court when SMJ is based on diversity jurisdiction

state substantive law (law that would determine the outcome of the case, e.g. SOL, burden of proof, elements of claim or defense)
federal procedural law (would not change the outcome of the case)

Question 13

Rule 15 Amendments:

general rule

Answer 13

courts should freely allow P leave to amend the complaint unless it would cause undue prejudice against D

Question 14

Rule 15 Amendments:

adding a new claim

Answer 14

permitted if:

1) the original complaint was timely; AND
2) the new claim arises out of the SAME TRANSACTION OR OCCURRENCE as the claims in the original complaint

Question 15

Rule 15 Amendments:

adding a new party

Answer 15

permitted if:

1) the claim AROSE out of the SAME CONDUCT, TRANSACTION, OR OCCURRENCE;
2) the new party received notice of the action within 90 days of the original complaint; AND
3) the new party knew or should have known the action would be brought, but for a mistake concerning the party’s identity

Question 16

necessary party

Answer 16

a) court cannot afford complete relief without the party,
b) there is a danger the party would be harmed without joining, OR
c) there is a risk of an inconsistent judgment or double liability

Question 17

Rule 19: Compulsory joinder

Answer 17

1) the party must be necessary;
2) there must be personal jurisdiction over the new party; AND
3) there must be subject matter jurisdiction - if adding the party would destroy diversity, the court must decide whether to (a) proceed WITHOUT the party, or (b) dismiss the case

Question 18

factors to consider if a party is necessary but would destroy diversity

Answer 18

1) extent to which judgment would prejudice parties in their absence;
2) extent to which prejudice could be reduced or avoided by protective provisions;
3) whether a judgment rendered would be adequate; and
4) whether P would have an adequate remedy if remedy dismissed for non-joinder

Question 19

Rule 26: Scope of discovery

Answer 19

party may discover relevant evidence or facts that may lead to relevant information, regardless of admissibility

Question 20

exceptions to discovery rule

Answer 20

a) attorney-client privileged info
b) work-product doctrine
c) physician-patient (CA only)

Question 21

work product doctrine

Answer 21

materials prepared by D in anticipation of litigation is not discoverable by P UNLESS:

1) P cannot get that info any other way; AND
2) P’s interest would be substantially prejudiced without that information

Question 22

Seventh Amendment right to jury trial

Answer 22

1) damages exceed $20 - must be actually pleaded; AND

2) must be demanded within 14 days of service of last pleading

Question 23

judgment as a matter of law (directed verdict)

Answer 23

made at the close of P’s evidence or the close of all evidence

standard: grant if no reasonable person could differ as to the outcome

Question 24

renewed motion for judgment as a matter of law

Answer 24

made after the jury deliberates and delivers a verdict (to override the jury’s verdict)

can only renew if the motion was made earlier